CPA · New Home Buyer Protection Act
Part 6 — General Provisions
28 Regulations
(a) prescribing, for the purpose of section 1(1)(m), a system or
part of a system as a delivery and distribution system to
which this Act applies;
(b) prescribing, for the purpose of section 1(1)(s)(iii), a class of
buildings or portions of buildings as a class of new home to
which this Act applies;
(c) prescribing, for the purpose of section 1(1)(u), that a person
is an owner builder to which this Act applies;
(d) prescribing, for the purpose of section 1(1)(z), that changes,
additions, alterations or repairs to a building are
reconstructions to which this Act applies;
(e) repealed 2020 c39 s11;
(f) prescribing the period of additional coverage referred to in
section 3(7)(a);
(f.1) respecting the determination of the protection period for the
common property and common facilities in a building
included in a condominium plan registered in respect of a
multiple family dwelling originally built for rental purposes;
(g) respecting defects in components of a new home for which a
warranty provider must offer the option to purchase
additional coverage, and prescribing the period of that
additional coverage;
(g.1) respecting an application for an exemption under section
3.01(2);
(g.2) respecting an application for a discharge of a caveat under
section 3.02(2);
(h) prescribing the extent of any liability under section 4(2);
(h.1) respecting licences, including, without limitation,
regulations
(i) respecting qualifications and conditions for the purposes
of section 4.1(1)(a);
(ii) respecting applications for licences and licence
renewals;
(iii) prescribing or otherwise providing for the time within
which a residential builder may apply for renewal of a
licence;
(iv) respecting the issuance, refusal, renewal, suspension,
cancellation and reinstatement of licences by the
Registrar;
(v) respecting conditions and restrictions referred to in
section 4.3;
(vi) respecting requirements for residential builders to
produce and display proof of having a licence or an
exemption;
(vii) respecting publication of the issuance, refusal, renewal,
suspension, cancellation and reinstatement of licences
and of any conditions or restrictions on licences;
(viii) establishing categories of residential builders for the
purposes of regulations made under any or all of
subclauses (i) to (vii), including, without limitation,
regulations providing differently for different categories
of residential builders;
(ix) respecting exemptions from fees and fee refunds for
licences issued for any of the categories of residential
builders established under subclause (viii);
(x) establishing classes of licences for the purposes of
regulations made under any or all of subclauses (i) to
(vii), including, without limitation, regulations
prescribing or otherwise describing requirements that
apply or that do not apply to different classes of licences
and activities that licences of different classes authorize
or do not authorize;
(xi) prescribing offences under other Acts for the purposes of
section 4.5(1)(c);
(xii) prescribing orders and directions under other Acts for
the purposes of section 4.5(1)(f);
(xiii) prescribing Acts for the purposes of section 4.5(1)(g);
(h.2) respecting authorizations, including, without limitation,
regulations
(i) respecting applications for authorizations;
(ii) prescribing crit eria for the purposes of section 5(1)(b);
(iii) respecting the issuance, refusal, suspension and
cancellation of authorizations by the Registrar;
(iv) for the purposes of section 3(1.1), respecting
circumstances in which the Registrar must not issue an
authorization to build a new home unless the new home
has the required home warranty insurance coverage;
(v) establishing categories of owner builders for the
purposes of regulations made under any or all of
subclauses (i) to (iv), including, without limitation,
regulations providing differently for different categories
of owner builders;
(vi) establishing classes of authorizations for the purposes of
regulations made under any or all of subclauses (i) to
(iv), including, without limitation, regulations
prescribing or otherwise describing requirements that
apply or that do not apply to different classes of
authorizations, and activities that authorizations of
different classes authorize or do not authorize;
(h.3) respecting requirements for accredited municipalities,
accredited regional service commissions, accredited
agencies or the Alberta Safety Codes Authority established
under the Safety Codes Act to disclose information,
including personal information, to the Registrar on request;
(i) respecting additional powers and duties of the Registrar;
(i.1) respecting delegation by the Registrar under section 8.1;
(j) respecting information to be included in the registry and
identifying information in the registry that may be made
available to the public, including prescribing the portion of
the information that is to be included in the online registry;
(k) respecting the collection, use and disclosure of personal
information;
(l) prescribing additional powers and duties of compliance
officers;
(m) respecting
(i) the imposition of administrative penalties,
(ii) the criteria for determining appropriate administrative
penalties,
(iii) the prescrib ing of different limits on different
administrative penalties,
(iv) the prescribing of thos e provisions of this Act the
contravention of which makes a person liable to an
administrative penalty, and
(v) information to be included in a notice of administrative
penalty;
(n) subject to section 15(2), providing for increased
administrative penalties for repeated or subsequent
contraventions or failures to comply, and specifying the
time within which a contravention or a failure to comply is
to be considered a repeated or subsequent contravention or a
failure to comply of an earlier contravention or failure to
comply;
(o) specifying provisions of the regulations the contravention of
which is an offence in respect of which the penalties
provided for in section 26(1) and (2) apply;
(p) defining, for the purposes of this Act, any word or
expression used but not defined in this Act;
(q) prescribing information to be provided to the public about
residential builders and warranty providers;
(r) prescribing information that must be provided by warranty
providers to the Registrar;
(s) requiring residential builders and warranty providers to
disclose information relevant to a new home or to a home
warranty insurance contract;
(t) providing for one or more dispute resolution systems or
processes by means of which disputes relating to the matters
covered by this Act may be resolved or otherwise dealt with,
including regulations
(i) prescribing any matter for which a dispute resolution
system or process may be used;
(ii) governing the procedure to be followed or otherwise
used in resolving or attempting to resolve a dispute;
(iii) governing the mechanisms to be used under the dispute
resolution system or process, including
(A) the appointment and use of committees or other
bodies to deal with disputes,
(B) the use of mediation and the appointment of
mediators, and
(C) the use of arbitration and the appointment of
arbitrators;
(iv) governing the duties, functions and powers of the
Registrar, if any, in respect of a dispute resolution
system or process;
(v) governing the remedies available under a dispute
resolution system or process;
(vi) respecting the costs, fees and disbursements for a dispute
resolution process;
(vii) providing for any matter that the Lieutenant Governor in
Council considers advisable for carrying out the purpose
and intent of this clause;
(u) respecting any difficulty or impossibility resulting from the
coming into force of this Act;
(v) generally for giving effect to this Act or any of the purposes
or provisions of this Act.
(2) The Minister may make regulations
(a) exempting
(i) persons or categories of persons from all or any portion
of this Act, including providing differently for different
categories of persons,
(ii) a building, a class of buildings, a portion of a building or
the common property, common facilities and other assets
of a condominium corporation from the definition of
new home in section 1(1)(s), or
(iii) a category of persons from the definition of residential
builder in section 1(1)(dd);
(b) repealed 2017 c10 s20;
(c) respecting compliance orders, including regulations
prescribing the form and contents of compliance orders;
(d) respecting the manner of service of compliance orders,
notices of administrative penalty and other notices and
documents required by this Act to be served, and the time
within which service must be effected;
(e) respecting the discharge by the Registrar of a caveat under
section 3.02(1) or 3.1(9).
2012 cN-3.2 s28;2014 c5 s17;2017 c10 s20;2020 c39 s11;
2025 c13 s3